CHARLES W. BASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-03-10
No. 94-03770
FRANK, C.J., and BLUE and QUINCE, JJ., concur.
651 So. 2d 815 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

[*816] PER CURIAM.

Charles W. Bass appeals the denial of his motion to correct sentence in which he claimed that the state failed to notify him prior to plea negotiations that he was subject to treatment as a habitual offender. The trial court denied the motion on its merits. Although we affirm per curiam the denial of Bass’ motion, we note that the motion was unsworn, and thus procedurally defective, and more significantly, that issue raised therein was not proper for review under Florida Rule of Criminal Procedure 3.800(a). See Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991), review denied, 613 So. 2d 5 (Fla. 1992).

Affirmed.

FRANK, C.J., and BLUE and QUINCE, JJ., concur.


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  • Robinson v. State, 692 So. 2d 275 (Fla. 5th DCA 1997)
    …ence. On March 5,1990, he was convicted and sentenced to twenty years as an habitual offender. He seeks to raise factual issues which cannot be addressed in a rule 3.800(a) proceeding. See State v. Callaway, 658 So. 2d 983 (Fla.1995); Bass v. State, 651 So. 2d 815 (Fla. 2d DCA 1995). AFFIRMED. COBB and GOSHORN, JJ., concur.…

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